If you hurt your back at work take the right steps to take care of yourself. Here’s what you should do:

1. Tell Someone: Let your supervisor or manager know about your injury as soon as possible. They’ll fill out an incident report about what happened. We handle too many cases that have to go to court because an accident wasn’t reported timely. Report your accident quickly so you have a better chance of getting your benefits started.

2. Get Medical Help: If your back injury is severe or you’re in a lot of pain, seek medical attention right away. You can ask your supervisor or co-worker to take you to the emergency room or urgent care.

3. See a Doctor: It’s important to see a healthcare professional, like a doctor or chiropractor, who can assess your injury properly. They will be able to diagnose the extent of the injury and recommend the right treatment plan for your specific situation. Keep in mind, though, that not all doctors take workers’ compensation cases. You also have to get your doctor appointment pre-authorized by your employer or they may not have to pay for it – you will!

4. Keep Records: Keep a record of the incident, including the date, time, and how the injury occurred and who you reported it to. It’s helpful for future reference, especially if you need to discuss the injury or file a workers’ compensation claim. Keep a log of every time you go to a doctors’ appointment because the workers’ comp laws make your employer or its insurance company reimburse you for the travel.

5. Follow the Treatment Plan: Stick to the treatment plan recommended by your healthcare professional. This might involve rest, doing specific exercises, taking prescribed medications, or attending physical therapy sessions. Following their advice will help you recover faster.

6. Call attorney Craig Mitchell or attorney at Kiana Mitchell at Mitchell & Associates. The workers’ compensation companies like Sedgwick, Walmart Claims, Broadspire Services, Gallagher Bassett Services, York Risk Service Group, Corvel Corporation, ESIS, Genex and CCMSI all have teams of adjusters, nurse case managers, investigators, doctors and attorneys to scrutinize your claim and deny you benefits. Our team at Mitchell & Associates was designed to stop them.

How Do People Hurt Their Back While Working?

Back injuries at work can happen many ways. Here are some common causes:

1. Heavy Lifting: Lifting stuff that’s too heavy or not using the right lifting techniques can strain your back muscles and lead to injuries.

2. Awkward Postures: Imagine working in positions that make your back bend, twist, or reach in weird ways for a long time. That can put a lot of stress on your back and increase the chances of getting injured. Many people will hear a “pop” in their back. Sometimes the pain starts right away, and sometimes it takes a day or two.

3. Overexertion: Pushing yourself too hard physically, like doing tasks that are way beyond your capabilities or strength can take a toll on your back.

4. Slip, Trips, and Falls: accidents like slips, trips, and falls in the workplace can lead to sudden movements or impacts on your back, which can result in injuries.

5. Workplace Hazards: If your work environment has hazards like uneven floors, poor lighting, or obstacles in your way, they can increase the chances of accidents and, you guessed it, back injuries.

What is the Point of Physical Therapy After You Hurt Your Back at Work?

When you hurt your back on the job, physical therapy plays a crucial role in the recovery process.

The purpose of physical therapy is to help alleviate pain, restore function, and promote healing in your back. Here are some key reasons why physical therapy can help back injuries:

1. Pain Relief: Physical therapists can use various techniques such as heat or cold therapy, ultrasound, and electrical stimulation to help reduce pain and inflammation in your back. They may also teach you specific exercises to alleviate pain and promote healing.

2. Restoring Mobility and Flexibility: Back injuries can lead to stiffness and limited movement. Physical therapists can design customized exercise programs that target specific muscle groups, improving flexibility, range of motion, and overall mobility. These exercises may include stretching, strengthening, and gentle movements.

3. Core Strengthening: Your core muscles, including those in your abdomen and lower back, provide essential support to your spine. Physical therapists can guide you through exercises that strengthen these muscles, improving stability and reducing the risk of future injuries.

4. Posture Correction: Poor posture can contribute to back pain or exacerbate existing injuries. Physical therapists can assess your posture and provide guidance on correct alignment and body mechanics during everyday activities. They may teach you exercises and techniques to improve posture and reduce strain on your back.

5. Education and Prevention: Physical therapists can educate you about your back condition, teaching you strategies to manage pain and prevent future injuries. They may provide guidance on proper body mechanics, lifting techniques, ergonomics, and lifestyle modifications to support a healthy back.

Physical therapy programs are tailored to individual needs, so your experience may vary based on your specific injury and overall health. Working closely with a physical therapist can significantly improve your recovery and help you regain strength and function in your back.

What Happens if Physical Therapy For Your Back Doesn’t Work?

After you’ve been hurt while working, there can many reasons why physical therapy for your back doesn’t help. It’s important to remember that every person and injury is unique, and not all treatment approaches work the same for everyone. If you’re not getting better it may be for one of these reasons:

1. You Haven’t Treated Enough Time: Recovery from back injuries can take time, and improvement may not be immediate. If you haven’t given enough time for the therapy to take effect, it’s worth discussing your concerns with the physical therapist and determining if more sessions or a modified approach may be beneficial.

2. Severity of Injury: The nature and severity of your back injury can impact the effectiveness of physical therapy. In some cases, more intensive or specialized interventions may be necessary, such as additional diagnostic tests, pain management techniques, or consultations with other healthcare professionals, like orthopedic specialists or pain management specialists. Under the Louisiana workers’ compensation system you have to submit a choice of physician fomr to the adjuster before you can get evaluated.

3. Underlying Conditions: There could be underlying conditions or factors contributing to your back pain that may require further evaluation and treatment. It’s possible that your physical therapist may recommend consulting with a physician to explore other diagnostic possibilities or additional treatment options.

4. Individual Variability: Each person’s response to treatment can vary. Sometimes, despite following a prescribed physical therapy regimen, an individual may not experience the expected improvements. In such cases, the physical therapist might need to reassess the treatment plan, modify the exercises, or explore alternative techniques to address your specific needs.

What Procedure Might My Doctor Try If Physical Therapy For My Back Doesn’t Work?

If physical therapy for your back doesn’t work there are several more steps your doctor can take. The specific approach will depend on your individual condition, the what is already causing your back pain, and the recommendations of your healthcare provider. Here are a few possible options:

1. Imaging and Diagnostic Tests: If the cause of your back pain is unclear or hasn’t been fully identified, your doctor may order imaging tests such as X-rays, MRIs, or CT scans. These tests can provide detailed information about the structures in your back, helping to identify any abnormalities or specific conditions that may require different treatment approaches.

2. Medications: Depending on the nature and severity of your back pain, your doctor may prescribe medications to manage pain, reduce inflammation, or relax muscles. This could include over-the-counter pain relievers, nonsteroidal anti-inflammatory drugs (NSAIDs), muscle relaxants, or, in some cases, stronger pain medications if necessary.

3. Injections: Your doctor may suggest injections to provide targeted pain relief and reduce inflammation. This could involve corticosteroid injections, which are anti-inflammatory medications, or nerve block injections that temporarily block pain signals.

4. Minimally Invasive Procedures: If conservative measures haven’t been successful, your doctor might recommend minimally invasive procedures. These can include techniques such as radiofrequency ablation (RFA), where heat is used to interrupt pain signals from specific nerves, or spinal cord stimulation, where electrical impulses are delivered to the spinal cord to mask or reduce pain.

5. Surgical Intervention: In cases where conservative treatments and less invasive procedures haven’t provided relief, surgery may be considered. Surgery aims to address specific structural issues causing your back pain, such as herniated discs, spinal stenosis, or spinal instability. The type of surgical procedure will depend on your diagnosis and the recommendations of a qualified surgeon.

What Are Epidural Steroid Injections?

Doctors use epidural steroid injections (ESIs) to help with pain and inflammation in certain parts of the body, like the back, sciatica, or herniated discs.

During an ESI, the doctor injects a mix of numbing medication (local anesthetic) and anti-inflammatory medication (corticosteroid) into the epidural space near the spinal cord and nerves. This space is between the protective covering of the spinal cord and the bony vertebrae.

The local anesthetic numbs the area right away, giving immediate relief, while the corticosteroid helps reduce inflammation in the long run, which can help ease the pain. They’re pretty careful with the injection, making sure it goes exactly where it’s needed.

ESIs are done with the guidance of X-rays to make sure the needle is in the right spot. And the best part is that it’s usually done as an outpatient procedure, so you don’t have to stay overnight in the hospital.

Now, it’s important to know that while ESIs can be helpful in relieving pain, they’re not a permanent fix. Different people may have different experiences with the injections, and sometimes more injections might be needed later on.

If you have any specific worries or questions about epidural steroid injections, make sure to ask your doctor. It’s always a good idea to talk things through and get the information you need.

What Are Radio Frequency Ablations?

Radiofrequency ablation (RFA) is a medical procedure used to treat certain types of chronic pain. It is often used for conditions like arthritis, back pain, and joint pain.

During an RFA procedure, a doctor uses a special needle-like probe that emits radiofrequency waves. These waves generate heat and are directed to specific nerves that are causing pain. The heat produced by the waves creates a small lesion on the nerve, which helps interrupt the pain signals traveling to the brain.

The purpose of RFA is to provide long-lasting pain relief. By disrupting the pain signals, it can reduce or eliminate pain in the affected area. The procedure is performed under local anesthesia, which numbs the area, or sometimes with sedation to help you relax.

Before the procedure, the doctor may use imaging techniques, such as X-ray or ultrasound, to guide the needle to the targeted nerves accurately. This ensures that the treatment is focused on the right area.

What Type of Surgery Will My Doctor Do To Fix My Back Pain?

The type of surgery your doctor may recommend to help with your back pain depends on several factors, including the underlying cause of the pain and the specific details of your condition. Here are some common surgical procedures your doctor may use to address your back pain:

1. Discectomy: This surgery involves removing a portion of a herniated or damaged disc in the spine that may be pressing on a nerve and causing pain.

2. Spinal Fusion: In spinal fusion surgery, two or more vertebrae are permanently joined together, limiting movement in that area of the spine. This procedure is typically done to stabilize the spine, alleviate pain caused by spinal instability, or correct deformities.

3. Laminectomy/Laminotomy: These procedures involve removing part or all of the lamina, which is the bony arch at the back of the vertebra, to relieve pressure on the spinal cord or nerves. They are often performed to treat spinal stenosis, where the spinal canal narrows and compresses the nerves.

4. Artificial Disc Replacement: Instead of fusing the vertebrae, artificial disc replacement surgery involves removing a damaged disc and replacing it with an artificial disc. This procedure aims to preserve spinal motion while relieving pain and maintaining stability.

5. Foraminotomy: This surgery enlarges the space where the nerve roots exit the spinal canal, relieving pressure on the nerves and reducing pain caused by conditions like foraminal stenosis or herniated discs.

Your doctor will thoroughly discuss the surgical options, the potential benefits, risks, and the expected recovery process. It’s essential to have a detailed conversation with your doctor to understand the specific surgery recommended for your back pain and to address any concerns or questions you may have.

How Long Does It Take To Get Back To Work After Back Surgery?

The recovery time and return to work after each of these surgeries can vary depending on several factors, including the specific procedure performed, the individual’s overall health, the nature of their work, and the progress of their recovery. Here are some general guidelines, but please keep in mind that these are approximate timelines, and it’s crucial to consult with your surgeon for personalized information:

1. Discectomy: The recovery period after a discectomy can range from a few weeks to a few months.

2. Spinal Fusion: Recovery from spinal fusion surgery typically takes longer, often several months. Initially, you may need to wear a back brace and limit activities. The time to return to work can vary from 2 to 6 months or longer, depending on the complexity of the fusion and the type of work you do.

3. Laminectomy/Laminotomy: The recovery time after a laminectomy or laminotomy can range from a few weeks to a few months. If the surgery was for spinal stenosis, you might be able to return to work within a few weeks. If the procedure is more extensive or if fusion is also performed, it may take longer, potentially several months.

4. Artificial Disc Replacement: Recovery after artificial disc replacement surgery may be quicker compared to fusion procedures.

5. Foraminotomy: Recovery time after a foraminotomy can vary but is generally shorter compared to more extensive spinal surgeries.

It’s important to note that these are general estimates, and the timeline can vary from person to person.

Additionally, certain jobs that involve physically demanding tasks or heavy lifting may require additional accommodations or modified duty. Your doctor will give your recommendations for your work situation and guide you through the recovery process.

What Are Some Possible Complications or Side Effects of Back Surgery?

While back surgeries can be effective in treating certain conditions, it’s important to be aware of potential complications or side effects. Here are some possible ones to keep in mind:
1. Infection: Like with any surgical procedure, there is a risk of developing an infection at the surgical site. Your surgeon will take precautions to minimize this risk, but it’s still something to be aware of.
2. Bleeding: Surgery involves incisions, and sometimes there can be bleeding either during or after the procedure. Your surgeon will closely monitor this and take steps to control bleeding as needed.
3. Nerve or Spinal Cord Injury: There is a small risk of nerve damage or injury during back surgery. Surgeons take great care to avoid these complications, but they can occur in certain cases.
4. Pain or Discomfort: pain or discomfort from surgery is common and usually managed with pain medication. However, there may be cases where the pain persists or becomes chronic. It’s important to work closely with your healthcare team to address any ongoing pain.
5. Limited Mobility: Depending on the extent of the surgery, there may be temporary or permanent limitations on mobility and flexibility. Physical therapy and rehabilitation can help, but it’s important to follow your doctor’s instructions.
6. Failed Surgery or Recurrence: In some cases, the surgery may not fully alleviate the pain or address the underlying issue. There is also a possibility of the condition recurring or new problems arising over time.

It’s essential to discuss these potential complications and side effects with your surgeon before considering any surgery. They will provide you with specific information based on your condition, the type of surgery, and your individual health. It’s important to make an informed decision and have realistic expectations about back surgery.

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In most cases, employers must provide workers’ compensation insurance to employees. There are some exceptions, but that is the rule in most cases. If they fail to do so, your employer may be in violation of Louisiana workers’ compensation laws. Since many employers cannot avoid paying these insurance premiums, they may try to reduce these costs instead. However, this could reduce or eliminate your workers’ comp benefits. Here are some of the ways your employer might be committing workers’ compensation premium fraud.

Why Would My Employer Commit Workers’ Compensation Premium Fraud?

In an effort to save money, some business owners will fraudulently avoid paying their workers’ compensation insurance premiums. This can lead to workers getting smaller workers’ comp payments or no benefits at all. Here are a few of the methods employers use:

• Misrepresenting the Business – Certain businesses have higher workers’ compensation premiums than others. Businesses where employees file claims more often could pay higher rates. Businesses involving higher risks could also pay higher premiums. This sometimes leads employers to lie about their business and the number of injury claims filed against them.
• Inaccurate Payroll – Some employers commit workers’ compensation premium fraud by reporting fewer employees. This policy-related fraud can result in lower premiums. However, the penalties are stiff. After a criminal investigation, there could be fines or even jail time.
• Misclassifying Employees – Employers pay less to insure certain workers. Businesses also do not have to insure independent contractors at all. This leads some businesses to classify employees as contractors, though they are not. Employers may even claim that certain employees have a low-risk job to avoid premiums.

What Is the Most Common Workers Compensation Fraud?

A study by the Economic Policy Institute suggests employers misclassified 15 to 20 percent of U.S. workers. A study in Louisiana found that 865 companies misclassified almost 9,400 employees as contractors. It is an unfortunately common problem. A worker is usually an independent contractor if:

• the payer controls the result of the work but not how the worker does it
• the worker provides their own specialty tools and training
• the payer cannot set the worker’s hours
• the worker does not have to work exclusively for the payer

Contractors also bear most of the financial risk for their work. If a job is not done, they do not get paid. Employees are often paid regardless of the outcome of their work.

Employees are:

• Trained at the expense of their employers
• Generally cannot work for the employer’s competition
• Are usually scheduled to work certain hours
• Are usually paid regularly (weekly, bi-weekly or monthly)

For more clarification, check out this definition of an independent contractror from the IRS.

How Do I Tell If My Employer Is Avoiding Paying for Workers’ Comp Insurance?

Figuring out if your employer is committing workers’ compensation premium fraud can be difficult. In some instances, businesses may not even know they are committing this crime. This is why consulting the Louisiana Workforce Commission can be a step in the right direction.

Need Help With Your Work Injury Claim?

Our skilled New Orleans workers compensation attorney is dedicated to protecting your rights as a worker. Here at Mitchell & Associates, APLC, we fight to get your family the compensation they need when you have been hurt doing your job. If you are 2 hurt 2 work, we are ready to help. Send us an online message or give us a call at 504-226-6530. We also have an office in Baton Rouge for your convenience.

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Your employer or their insurance company may require a second medical opinion (SMO). This appointment will be overseen by a workers’ comp doctor who will evaluate your injuries. Your statements to this physician will be very important, so you must avoid misunderstandings. Here are the top mistakes claimants make when talking to a workers’ comp doctor.

Three Common Mistakes When Speaking to a Workers’ Comp Doctor

Exaggeration and Understatement

The purpose of your examination is to confirm the extent of your injuries and the treatment you need to recover. Exaggerating your symptoms or failing to fully express them prevents the doctor from evaluating your condition. This could lead to doubts that prevent them from taking you out of work or giving you proper job restrictions.

Failing to Disclose Previous Injuries

As a part of your evaluation, the workers’ comp doctor will ask you about your medical history. If the doctor finds a previously undisclosed injury your case could be in jeopardy. If your previous injuries were recent or relatively severe and you don’t mention them you will be accused of worker’s compensation fraud, which is the intentional misrepresentation of your medical condition in order to get benefits. Disclosing a previous injury offers the doctor a chance to rule out a connection between your current and prior injuries. The physician may even determine that your workplace injury worsened that old injury. This could help your claim.

Inconsistent Information

Information that does not match the doctor’s evaluation is a big red flag. These inconsistencies are often unintentional but can make the doctor think you are being dishonest. When answering the physician, avoid making guesses. If you do not know the answer or are unsure, just say so. This will help prevent inconsistencies that could endanger your claim.

Still Concerned About Your Claim? Our New Orleans Workers’ Compensation Attorneys Can Help

Navigating Louisiana’s workers’ compensation laws is no easy task. It can be even harder when employers and insurance companies are skeptical of your claim. You need a workers’ compensation attorney who will give you the attention you need. We have offices in New Orleans and Baton Rouge that are ready to help you. Learn more about the workers’ comp lawyers at Mitchell & Associates, APLC by giving us a call at 504-226-6530!

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Can Coronavirus Victims File a Workers’ Compensation Claim in Louisiana?

As the coronavirus continues to spread, survivors want to know if they are eligible to file a workers’ compensation claim. In Louisiana, employees can receive workers’ compensation benefits if they contract an occupational disease. An occupational disease is a disease or illness resulting from “causes and conditions characteristic of and peculiar to the particular trade, occupation, process, or employment in which the employee is exposed to such disease.” 

Essentially, an employee must prove that there is a unique relationship between his or her place of employment and the coronavirus. The place of employment must be the main reason that he or she contracted the disease. If another source was the primary cause of his or her COVID-19 contraction, then the claim for benefits will likely not succeed.

However, there are workers who are at a greater risk of contracting the disease. These individuals should contact a New Orleans workers’ compensation attorney immediately. An attorney must find evidence proving that the employee’s job duties placed him or her at a higher risk of contracting the disease. The risk must be greater than the risk faced by other employees and the general public.

Even still, proving this may not be enough to collect workers’ compensation benefits. The Louisiana Office of Workers’ Compensation may argue that the disease is too prevalent. Therefore, it is impossible to determine whether it originated from the specific employment conditions.

Regardless, pandemic infections are not excluded from the occupational disease statutes in Louisiana. Thus, there is a chance that some employees could recover workers’ compensation benefits.

Contact a New Orleans Workers’ Compensation Attorney

Thousands of people have died from the coronavirus across the country. Over 1,300 have died in Louisiana alone. The survivors may be eligible to file for workers’ compensation benefits. Yet, receiving these benefits is an uphill battle. Fortunately, a New Orleans workers’ compensation attorney can help. Contact Mitchell & Associates, APLC today for a free consultation. You can call 504-226-6530 or use our online messaging system. We have offices in New Orleans and Baton Rouge and can answer your most pressing questions.

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Are You Eligible for Social Security Disability in Louisiana?

Before you can collect SSDI benefits, you must determine if you meet the criteria for eligibility. To do this, you must show that you worked in a job that paid FICA taxes for a certain amount of time. You must also meet the medical definition of disability.

SSDI Work Credits

Depending on how much you work, you can earn up to four work credit each year. These work credits help determine if you can collect SSDI benefits. The older you are when you become disabled, the more credits you must accrue. For example, a disabled person at 50 must have at least 28 work credits, and they must have earned 20 of those credits over the 10 years preceding their disabling injury. Disabled adults younger than 24 may qualify if they have earned six credits in the last three years before their disability started.

SSDI Medical Eligibility

If you have the work credits, the next step is to determine if you have a disability based on the SSA’s definition. This means you must have a long-term or severe medical condition. This means your condition must last at least a year. It must also interfere with your ability to work and perform substantial gainful activity. If you are unable to work, you may qualify for total disability. However, if you are still able to work and make at least $1,260 per month, the SSA will likely deny your application for benefits.

How Can We Help?

Collecting social security disability benefits is not easy. Even though you have a valid disability, most SSDI claimants receive a denial. When this occurs, it is important to know that you can appeal claim denials and get the benefits you need. To do this, you need a Louisiana Social Security disability lawyer on your side. Your lawyer can review your claim and denial and help you move forward with your appeal.

At Mitchell & Associates, APLC, our SSDI lawyers can make sure you do not miss any critical deadlines. We are here to help you obtain the SSDI benefits you deserve. That is why we offer help every step of the way. Call us at 504-226-6530 or fill out our confidential contact form for a free initial consultation. With offices in New Orleans and Baton Rouge, we are here when you need us most.

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Collecting Benefits After a Work Injury

In 2018, workers’ compensation insurance claims paid more than $48 billion in premiums to injured workers. This was a 7.3 percent increase from the previous year.

In Louisiana, there are three basic kinds of workers’ comp benefits. Employees may recover:

• Indemnity benefits. Indemnity benefits is another term for payments for your lost wages. You may recover about two-thirds of your lost wages, up to a limit.
• Medical benefits. Medical benefits pay for the medical expenses that resulted from your injury.
• Vocational benefits. Vocational benefits are services to help you find another job if your injury prevents you from staying at your current job.

How Long Do You Have to File a Workers’ Comp Claim?

You must report your injury to your employer to get your workers’ comp claim started. You have 30 days from the date of the accident to report your injury. If you do not meet this deadline, you may lose your chance to file a workers’ comp claim.

After you inform your employer of your injury, it is their responsibility to submit an official report with the Louisiana Office of Workers’ Compensation.

There are other time limits for filing a workers’ comp claim too. These other time limits may depend on whether you have received prior benefits and the types of benefits you may be entitled to for an injury.

There are too many variables that go into workers’ comp statute of limitations to suggest specific deadlines with certainty. Your deadlines may be specific to your unique situation. That is one reason why it is important to work with a workers’ comp attorney that knows the Louisiana Workers’ Comp Act.

Our attorneys can keep track of important deadlines for you. Missing a deadline could cost you your chance at obtaining the benefits you deserve. We make sure that our clients’ claims stay in the forefront and keep them from getting lost in the shuffle.

How Can Your Workers’ Compensation Attorneys Help Me?

Collecting workers’ compensation is not easy. Even though you have a valid injury and claim, it is often difficult to collect the benefits you need. When you suffer a work-related injury, you need a law firm on your side that can fight for your rights. Your lawyer can review your accident and injuries to determine if you have a workers’ comp claim.

At Mitchell & Associates, APLC, our workers’ comp lawyers can make sure you do not miss any critical deadlines. We are here to help after a work accident. We want you to get the benefits you deserve.

We know that you may have questions about your work injury, benefits, or filing a workers’ compensation claim. That is why we offer help every step of the way. Call us at 504-527-6433 or fill out our confidential contact form for a free initial consultation. With offices in New Orleans and Baton Rouge, we are here when you need us most.

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Do I Need a Lawyer for a Workers’ Comp Claim?

Any time you have a dispute with the insurance company, you may benefit from hiring a lawyer. Insurance companies have large legal teams on their side. That is why you need a law firm on your side that will fight for your rights to workers’ comp benefits. Your attorney will need to gather evidence, request independent medical examinations and hire expert witnesses to win your case. This takes considerable knowledge and skill. Yet, how do you know if you need a lawyer for a workers’ comp claim?

5 Reasons to Hire a Workers’ Comp Lawyer

Here are the top five reasons to hire a workers’ comp lawyer to represent you:

Reason #1: Claim Denial

Insurance companies deny workers’ compensation claims for many reasons. They may claim that your injury was not work-related. They may claim that you waited too long to file. They may even claim that you had a preexisting injury. When an insurance company denies your claim, you need a workers’ comp lawyer to help you file an appeal. The appeals process varies from state to state, so you need an attorney with considerable knowledge of Louisiana workers’ comp law.

Reason #2: Permanent Disability Rating Disputes

The amount of your workers’ comp settlement or award depends on your permanent disability rating. When the insurance company disagrees with the rating assigned by your doctor, they may ask for an independent medical examination (IME). The IME doctor often works with the insurance company and assigns a lower disability rating. A lawyer can help you build a case to use a higher disability rating and obtain greater benefits.

Reason #3: Pre-existing Conditions

If you have a pre-existing condition or injury, the insurance company may use this to reduce your benefits or deny your claim. They will blame your work injury on your previous condition. When this occurs, you need a workers’ compensation attorney on your side to help you collect the benefits you need. Your attorney will need to gather evidence proving that your work activities caused or exacerbated your pre-existing medical condition.

Reason #4: Other Government Benefits

In some cases, injured workers may also receive Social Security Disability Insurance (SSDI) benefits. The government may reduce these benefits if you receive workers’ compensation benefits. A workers’ comp lawyer can help you minimize the reduction of your SSDI benefits.

Reason #5: Workers’ Comp Hearings

When the insurance company refuses to reach a settlement, you may need to attend a formal hearing. This is similar to a trial. As such, it is important to have an experienced workers’ comp lawyer on your side to fight for your rights and your future.

Contact a Work Injury Attorney in New Orleans From Our Firm

We understand that it is difficult to know when you need to hire a lawyer for a workers’ comp claim in Louisiana. At Mitchell & Associates, APLC, our work injury attorneys in New Orleans are here to help you get benefits.

Do you have questions about your work injury, benefits, or filing a workers’ compensation claim? Our Baton Rouge workers’ comp attorneys can answer your questions and help you through the workers’ comp process. Call us at 504-527-6433 or fill out our confidential contact form for a free initial consultation.

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That is because insurance companies are often skeptical of back injuries and the disabilities they cause. They may claim you had a pre-existing back injury. They may claim your back injury is not severe enough to prevent you from working. No matter what they claim, back injuries can cause significant disability and pain. As such, you deserve to be compensated for your back injury at work.

What Are the Most Common Types of Back Injuries?

Your back contains many different muscles, ligaments, and nerves. They are used to push, pull, lift, and support your body through various daily activities. Nearly every movement you make relies on the back in some way. An injury to the back can cause significant pain, loss of mobility, and disability.

Some of the most common types of back injuries include:

• Lower back strain
• Upper back strain
• Muscle tears
• Herniated or bulging discs
• Fractured vertebrae
• Pinched nerves
• Spinal cord damage

Common Causes of Back Injuries at Work

The majority of back injuries at work are caused by heavy lifting or pulling. Lifting boxes, equipment, or office furniture can take its toll on employees. Unfortunately, even with proper lifting techniques, workers can injure their backs. These injuries can occur suddenly or as a result of a repetitive strain on their back over time.

In addition, sitting for long periods of time at a desk can also cause back injury. Other common causes of back injury at work include falls from high places, slip and fall accidents, and car crashes.

Filing a Workers’ Compensation Claim in Louisiana

In Louisiana, injured workers are able to seek workers’ compensation benefits after they suffer an injury at work from their employer’s insurer.  After a work injury, you can collect workers’ compensation benefits to cover your medical expenses and a portion of your lost wages.

To get the benefits you need after a back injury at work, it is important to take the following steps:

1. Seek immediate medical treatment
2. Report the incident to your supervisor or manager immediately. Under Louisiana law, you have 30 days to report your workplace accident or injury to your employer.
3. Make sure the treating physician knows you suffered a workplace accident
4. Be truthful about pre-existing conditions
5. Follow your doctor’s treatment plan
6. Do not return to work unless directed to by your doctor 

Filing for workers’ compensation might seem easy, but it is not. Insurance companies only make money when they pay as little as possible. As such, they may deny your workers’ compensation claim or pressure you into returning to work too soon. Never return to work unless your doctor recommends it.

If your doctor says you have reached maximum medical improvement and you are still suffering, you may have a permanent disability. When this occurs, you must undergo an Independent Medical Exam to determine the extent of your disability.

Workers’ compensation benefits cover differing types of disability, including:

• Temporary total disability
• Temporary partial disability
• Permanent total disability
• Permanent partial disability

Questions About Filing for Workers’ Comp? Contact Our Work Injury Attorney in New Orleans

At Mitchell & Associates, APLC, our New Orleans work injury attorneys can help you get benefits you deserve. We know that a work injury can cost you money. Being unable to work can cost you even more.  That’s why we work hard for our injured clients. If you suffered a back injury at work, we can help. Call us at (504) 226-6530 or fill out our confidential contact form for a free initial consultation. With offices in New Orleans and Baton Rouge, we are here when you need us most.

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